Kansas State Supreme Court Kicks Off Appeals This Week

A pair of appeal cases were argued before the Kansas Supreme Court Tuesday Morning.

Including a 2010 Shawnee County murder conviction that has a man serving life in prison.

In the criminal appeal case, the defense attorney said an improper confession should send the murder case back to a new trial.

Miguel Garcia was sentenced to life in prison for the murder of andres artega-vega in a botched robbery attempt outside a Topeka bar in 2009.

Garcias attorney, Deborah Wilson, claimed his confession in the crime should not have been admitted in court, due in part to a bullet wound that went untreated until after police received his confession.

Wilson said, "How much pain has to be dealt with before an admittance is considered involuntary," referring to the nine hours Garcia had to wait in order to receive treatment.

Assistant D.A. Jodie Lifton pointed out, "It is important that he chose not to go to the hospital. He had waited nine hours prior to being picked up for questioning and chose not to go to the hospital

Justices also heard a Lyon County case involving a farm shop accident that severely burned Adam Simmons, a mechanic at Porter Farms.

The Kansas Court Of Appeals had upheld a Lyon County District Court decision that Porter Farms was not liable because Simmons knew there was a job risk before a shop light fell and ignited gasoline that spilled during removal of a fuel tank, causing him to suffer burn injuries.

Simmons' Attorney Jeffrey Jones said, "The worklight was so unsuitable and dangerous for the use."

While Porter Farms Attorney stated, "There was nothing defective with the tools, the lamp worked fine, he chose not to ask for help."

The Justices will now review arguments in both cases and will issue a ruling at an undetermined future date.

The court is reviewing appeals all this week and permitted 13 news camera coverage Tuesday Morning.


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